Substantive Due Process
/ˈsʌbstəntɪv ˈduː ˈprɑːses/
Definitions
- (n.) A constitutional doctrine protecting certain fundamental rights from government interference, beyond procedural safeguards, by ensuring laws are fair and just in substance.
The court invoked substantive due process to strike down the law as violating privacy rights.
Forms
- substantive due process
Related terms
See also
Commentary
Substantive due process is distinct from procedural due process and often involves judicial assessment of the legitimacy of the law itself, not just the procedures used to enforce it.
This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.